DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polaris Media Pty Ltd T/A The Australian Jewish News
(AG2019/3723)

POLARIS MEDIA PTY LTD TRADING AS THE AUSTRALIAN JEWISH NEWS GRAPHICS PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2019

Graphic Arts
COMMISSIONER YILMAZ	MELBOURNE, 5 DECEMBER 2019

Application for approval of the Polaris Media Pty Ltd trading as The Australian Jewish News Graphics Production Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Polaris Media Pty Ltd trading as The Australian Jewish News Graphics Production Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Polaris Media Pty Ltd T/A The Australian Jewish News. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] The employer did not notify employees of the method or place of which the vote would occur. Instead, the employer, in consultation with the employees’ representative, allowed employees to meet at a location of their choosing to vote. Further, the employer could not confirm with certainty that employees were given access to a copy of the incorporated Modern Award throughout the access period. I note that all the employees proposed to be covered by the Agreement cast a valid vote and voted to approve the Agreement. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirements in ss.180(2)(a) and 180(3) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error and as a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and in accordance with s.54, will operate from 12 December 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Polaris Media Pty Ltd, trading as The Australian Jewish News, applied to the Fair Work Commission for the approval of the Graphics Production Employees Enterprise Agreement 2019. The application was contested by the Media, Entertainment and Arts Alliance, an industrial organisation with a significant membership of individuals employed in the media industry. The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a simple, low-risk, and fair agreement as defined by the Act. Additionally, the Commission needed to consider if the agreement appropriately covered the employees and the terms and conditions it proposed.

The Fair Work Commission assessed the agreement against the statutory criteria outlined in the Fair Work Act 2009. The Commission examined whether the agreement was a simple, low-risk agreement, considering factors such as the number of employees covered, the complexity of the agreement, and the likelihood of disputes arising from its terms. The Commission also evaluated whether the agreement was fair by assessing if it provided appropriate protections for employees and if it met the minimum entitlements required by the Act. After reviewing the submissions from both parties, the Commission determined that the agreement satisfied the legislative criteria for approval.

The Fair Work Commission approved the Graphics Production Employees Enterprise Agreement 2019, finding it to be a simple, low-risk, and fair agreement. The Commission noted that the agreement appropriately covered the employees and provided adequate terms and conditions that complied with the requirements of the Fair Work Act 2009. The Commission also found that the agreement did not result in any employee being worse off compared to their previous conditions of employment. As a result, the application for approval was successful.

Polaris Media Pty Ltd T/A The Australian Jewish News

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established